Judson v. Great Northern Railway Co.

This was an action brought by plaintiff, as administrator of the estate of a minor son, who was killed in a collision between plaintiff’s horses and wagon and one of defendant’s trains at a public highway crossing, to recover damages. The complaint, after setting out the circumstances, alleged that the death of the boy was the result of the negligent, unlawful, and wanton management of the train by those in charge after they saw the boy in a perilous posi*249tion. At the close of plaintiff’s testimony, counsel for defendant moved to dismiss upon the ground that the evidence conclusively showed…